WVC 61 - 3 - 39 A
§61-3-39a. Making, issuing, etc., worthless checks on a
preexisting debt; penalty.
(a) It is unlawful for any person, firm or corporation to
make, draw, issue, utter or deliver any check, draft or order for
the payment of money or its equivalent on a preexisting debt upon
any bank or other depository, knowing or having reason to know
there is not sufficient funds on deposit in or credit with the bank
or other depository with which to pay the check, draft or order
upon presentation. The making, drawing, issuing, uttering or
delivering of any check, draft or order on a preexisting debt, for
or on behalf of any corporation, or its name, by any officer or
agent of the corporation, shall subject the officer or agent to the
penalty of this section to the same extent as though the check,
draft or order was his or her own personal act.

(b) This section shall not apply to any check, draft or order
when the payee or holder knows or has been expressly notified prior
to the acceptance of same or has reason to believe that the drawer
did not have on deposit or to his or her credit with the drawee
sufficient funds to insure payment as aforesaid, nor shall this
section apply to any postdated check, draft or order. This section
shall not apply when the insufficiency of funds or credit is caused
by any adjustment to the drawer's account by the bank or other
depository without notice to the drawer or is caused by the
dishonoring of any check, draft or order deposited in the account
unless there is knowledge or reason to believe that the check, draft or order would be dishonored.

(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars; and upon a third or
subsequent conviction thereof, shall be fined not more than two
hundred dollars, or confined in the county or regional jail not
more than ten days, or both.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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